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August 07, 2008

FALSE REPORTS OF DEVO LAWSUIT AGAINST MCDONALD’S

Several media sources have
recently claimed that Devo, the post-punk band known for its song “Whip It,”
was suing McDonald’s for appropriating the band’s signature “Energy Dome” hat
for an American Idol-branded happy-meal toy.

According to the news reports,
Devo bass player Gerald Casale allegedly stated, “This New Wave Nigel doll that
they’ve created is just a complete Devo rip-off and the red hat is exactly the
red hat that I designed, and it’s copyrighted and trademarked.” He reportedly
added, “We’re in the midst of suing them. They didn’t ask us anything. Plus, we
don’t like McDonald’s, and we don’t like American Idol, so we’re doubly
offended.”

As reported by the Wall Street
Journal Law Blog, Jennifer Gassen, who is a lawyer at the law
office of David Blau, Devo’s attorney, wrote in an email:

“Please be advised
that the story about a civil action by Devo against McDonald’s is a rumor and
is completely false. No lawsuit has been filed and no litigation is pending.
Any issue with the McDonald’s “New Wave Nigel” promotion has been amicably
resolved on mutually agreeable terms.”